Can My Employer Legally Terminate Me While Out On Disability?

If your employer fires you while you are on disability, this is called wrongful termination. There are several acts in place that guard you against retaliation and protect your rights. You can depend on the Americans with Disabilities Act (ADA), the California Family Rights Act & Job Protection (CFRA), and the Family & Medical Leave Act (FMLA) to prevent this from happening without repercussions.

Can I Be Legally Terminated While Disabled?

Sometimes your employer may act unreasonably and no longer want you as an employee because you were gone too long. However, retaliation is illegal and against federal policy.

ADA Laws

If you are terminated, it cannot be due to a disability. This includes anyone on disability leave and even after you return to work after your hiatus. If your company has more than 15 employees, then these laws are in effect. Your employer is required to create reasonable accommodations to help aid you despite your disability. This is as long as it doesn’t cause your employer undue hardship. You have to inform your employer of the accommodations that you need.

FMLA Laws

You cannot be terminated from your position if you do not go over the maximum of 12 weeks’ leave. FMLA was created to provide unpaid leave when you have a medical issue. This is also the case if a family member has fallen ill and you have to take care of them. This law does not protect all workplaces. The company must have a minimum of 50 employees and be in the range of 75 miles of your home. You also have to be at that job for more than one year or at a minimum of 1,250 hours.

CFRA Laws

According to these state laws, you can receive up to 12 weeks of leave within one year. This is to take care of a child, yourself, or if a family member becomes ill. However, if this time has to include vacation time, you have to be paid time off. You should be reinstated to the same position you were in before you left. Being terminated while on leave for a child or family member means that they are breaking laws.

If Your Employer Violated a Law, Take Action

When you believe you were wrongfully terminated, you should speak with an attorney to represent your case. This is because you cannot collect unemployment while on disability. If you are unable to perform job duties, you are deemed ineligible for unemployment compensation. During a challenging situation like this, a legal advisor can help prevent you from being stuck with no job or any income. In addition, your lawyer can investigate whether you were lawfully following the rules of your medical or disability leave and whether or not you should take action. A lot of attorneys provide free consultation and don’t require a fee unless they win the case.

Get Additional Help if You’ve Been Terminated

You can learn more about how disability attorneys can represent you as they work towards protecting the disabled or wrongfully terminated. In addition, you can visit our website, click Ghitterman, to read more about how to improve your circumstances. A disability shouldn’t prevent you from living your life and staying financially stable.

https://ca.db101.org/ca/situations/workandbenefits/rights/program2c.htm
https://www.hrw.org/topic/disability-rights?gclid=CjwKCAjw_o-HBhAsEiwANqYhp6aKoJ28I8NaNw--HLjKTascJREdg4vJRANNFSQlaGnQ4AP0UZ9HQhoC0CsQAvD_BwE

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This is a guest blog entry.